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(영문) 창원지방법원 2016.10.18 2016고단2432
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment without prison labor for six months and a fine of three hundred thousand won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle B 124cc meta.

On June 5, 2016, the Defendant driven the above Oral Sea with no driver's license around 18:40 on June 5, 2016, and proceeded along four-lanes in front of the bicycle race distance, which is located in the Sungwon-gu, Sungwon-si, Sungwon-si, Sungwon-si, with four-lanes in front of the bicycle race.

Since there is a three-distance intersection where signal lights are installed, there was a duty of care to prevent accidents by accurately operating the steering gear and brake system and observing signal to the driver of the vehicle.

Nevertheless, the defendant neglected this and neglected it and caused the damage to the right side of the victim C (the 64-year old) who dried the crosswalk from the right side of the defendant's proceeding to the left side by reason of the failure of the defendant's failure to stand the signal as a red, and received the left side side side part of the defendant's Oba.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the internal side of the victim in need of medical treatment for about six weeks.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license for the above temporary border, driving from approximately 500 meters to approximately 124C Metetoo, from the front side of the “Korean Civil Service Center” in the 80-1, Changwon-si, the front side of the “Korean Civil Service Center” to the front side of the bicycle race, which is located in the 80-1, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The actual condition survey report;

1. The ledger of driver's licenses;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of penalty;

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